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r. B9.102547 . i02547 _ t;. Assignor hereby covenants and warrants to the Assignee that (a) Assignor has not executed any prior assign- ment of the Lease or of ita right, title and interest therein or the rentals to accrue thereunder. th) Assignor has not performed any act or executed any instrument which might prevent the Assignee from operating under any of the terms and conditiona herenf, or which would limit the Assignee in such operation; (c) Aaaignor has not accepted rent under the Lease forany period subsequent to the current period for which rent has already become due and payable; td) there is no default now existing under the pease, and (e) Assignor has not executed or granted any modification or amendment whatever of the Lease either orally or in writting except as eat forth in Schedule B, and that the Lease in in full force and effect. B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: 1. Assignee hereby grants permission to Assignor to collect upon. but not prior to accrual, all rents. issues, deposits and profits from the said Premises and to retain, and use and enjoy the same, but reserves the rrrrg�htto revoke such permission at anytime. with or without cause, by notice in writing to Assignor hg certified mail sent to the address hereinafter preeenbed for sending notices. In any event, such permission to Assignor shall be automatielly revoked upon defag13t, by Assignor in the payment of any of the Obligations secured hereby or in the performance of any obligation, convene t,, agmement herein, in said mortgage or deed of trust, in the !.ease or in any of the Obligations secured hereby, or in any secugfjAgdocummt given in connection therewith, (all of which will be referred to herein ask " Pegault "). In the event that theAssignte should rovAe such permission or after the occurrence of a Default, the Assignee, may at x18 option, after notiftcationto Assignor, by certO- ed mail, to the address hereinafter prescribed for sending notices, direct: an ,ar all of the tenants of the Premises to pay to Asvi�nee, its agents or its attorneys, such rents. issues, profits, revenues, dt!pmi4y rights and benefits as may now be due or shall hereinafter become due, and Assignee may collect the same. The ai-ftdai t or written statement of an officer. agent, or atttfrney of Assignee stating that there has been a Default shall constitute conclusive evidence thereof, and any tenant or other Rersons is authorised and directed to rely thereon. The Assignor further agrees, that in the event the permission to uor and retain the renta, income, issues, deposits and profits, should be terminated or upon the occurance of a Default, to immediately turn over to Assignee. at the time and in the manner requested by Assignee, all security deposits orother monies deposited by Lessees of the Premises in accordance with the provisions of the Leases. 2. Notwithstanding the provisions of paragraph 1 hereinabove, upon or at anytime after a Default, as de£tzed here - inabove, the Assignee, at its option, may declare all Obligations secured hereby immediately due and payable, and stray, at its option, without notice, and if any such Obligations be secured by deed of trust irrespective of whether a declaration efdefault undee said deed of trust has been delivered to Trustee tlztireunder, exercise all rights and remedies contained in said: m rtgage or decd of trust and without regard for the adequacy of security for the Obligations hereby secured, eitheri n (person er by agent with or without bringing any action or proceeding, or iry a receiver to be appointed by a court, enter upost. take poeigsion of. manage and operate said Premises or any part thereof. make, enforce, modify, and accept the surrender of Leasesiabssin and evict tenants, fix or modify rents, and do any acts which the Assignee deems proper to protect the security hereof, std either with or without taking possession of the Premises, in its own name, sue for or otherwise collect and receive all rento biaueeand ! . profits. including those past due and unpaid. and applY the same, less cost and expenses of operation and callection, including. but nit limited to. payments for wages and payroll taxes, compensation of managing agent and other maasgement costa and = expenses, real esiuix taxes and assessniva a, water. server, aad aimiiar charges, insurance and workmen *o compensation a }r premiums. ground rents, customary real estate commission, and reasonable attorney's fees and court costs, upon any Obliga- ;J, tions secured hereby, and in such order as the Assignee may determine. The entering upon and taking possession of the he Prem- ises, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waiveany default or waive, modify, or affect notice of default under said mortgage or deed of trust or invalidate any act done pursuant to such notice. Assignor hereby releases any and all claims which it has or might have against Assignee arisingaiut of ouch collection, . — tnamatgement operation and maintenance, excepting the liability of Assignee to account for amounts collected and expended by it. 3. The Assignee shall not be obligated to perform 4r discharge, nor does it hereby undertake to perform or discharge, any abligation, duty or liability under the base, or umier or by reason of this Assignment. Assignor, oball and does hereby agzee t o indemnify the Assignee against and hold it harmless from any and all liability, loss or damagewhich it mayor might incur under the !.ease or under or by reason of this Assignment and of and from any and all claims and demand whatsoever which may be assented against it by reasur. of any alleged obligation or undertaking on its part to perform or in the discharge of any of the terms, covenants or agxwmests contained in the Lease; should the Assignee incur any such liability, loss or damage under the Lease or under or hyreason of this Assignment, or in the defense agairettiny such claims or demands, the amouin thereof, including costs, expeneBii and reasonable attorney's fees, together with int,eceet thereon at the highest rate set forth in any of the Obligations secured hereby, shall be secured hereby and by the said mor"e or deed of trust, and Assignor shall-'reimburse the Assignee therefor im mediately upon demand, and upon_ the failure of •Assignor so to do the Assignee may declare all Obligations secured hereby immediately due and payable. C. IT iS FURTHER MUTUALLY AGREED THAT: 1. Until the Obligations secured hereby shall have been paid in full, Assignor covenants and agrees to keep leased at a good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent Leases upon all or any part of such Premises upon the same or substantially the same terms and conditions as areherein con- tained, and to make, execute, and deliver to the Assignee, upon demand, any and all instruments that may be necessaryordesir- able therefore, but the terms and provisions of this Assignment shall apply to any such subsequent Lease or Leases whetheror not so assigned and transferred. Z. Assignor shall, upon request of Assignee, furnish it a complete list as of the date of the request of all I.eases and other tenancies of the Premises in such reasonable detail as may he requested by Assignee. Further, if requested. Assignor shall deliver to Assignee executed or certified copies of all Leases and other wntten agreements. correspondence, and memo- randa between Assignor and Lessees and otleer tenants setting forth the contractual arrangements between them. Such requests may be made at any reasonable time. 3. The failure to list any specific Leases under Schedule B hereto, shall not invalidate ur affect to any m anner, the general aseigntnent of rents and lease@ provided for herein. L4 Upon the payment to full of till Obligations secured here by, as evidenced by the reo,rdtng 41r filing of an tnwtru ' ment of satisfaction or full release of said mortgage or deed of trust, unless there shall have (x-en recorded unother rn()rtgagc, or deed of trust in favor of the Asingner covering the whole or nny part of the leased Premuaes, thiN Af4sig ment Hhtrll hs-t•ome null and void and of nti, effect . ��